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PEOPLE v. SMALLWOOD

1242 KA 19-01434.

191 A.D.3d 1396 (2021)

137 N.Y.S.3d 795

2021 NY Slip Op 00768

The People of the State of New York, Respondent, v. Martin Smallwood, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided February 5, 2021.

Attorney(s) appearing for the Case

ANDREW D. CORREIA , PUBLIC DEFENDER, LYONS, DAVISON LAW OFFICE PLLC, CANANDAIGUA ( MARY P. DAVISON OF COUNSEL), FOR DEFENDANT-APPELLANT.

MICHAEL D. CALARCO , DISTRICT ATTORNEY, LYONS ( R. MICHAEL TANTILLO OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Peradotto, NeMoyer, Winslow and DeJoseph, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 125.25[1]), defendant contends that the verdict is contrary to the weight of the evidence with respect to the elements of identity and intent to cause the death of the victim. Viewing the evidence in light of the elements of the crime as charged to the jury (see...

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